Bharat Lal Tandon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4612 of 2016

1. Bharat Lal Tandon S/o Late Babulal, Aged About 34 Years R/o Village Jujharbhatha, Post Fasterpur, P/s Mungeli, Tahsil Mungeli, Block Mungeli District Mungeli, Chhattisgarh

2. Jethuram Sahu, S/o Bhikhari Ram Sahu, Aged About 39 Years R/o Village Chhaten, Post Chhaten, P/s Fasterpur, Tahsil Mungeli, Block Mungeli District Mungeli, Chhattisgarh

3. Lalit Kumar Sonwani S/o Latel Ram, Aged About 40 Years R/o Village Dabo, Post Fasterpur, Tahsil Mungeli, Block Mungeli District Mungeli, Chhattisgarh

4. Santosh Kumar Sapre, S/o Chovaram Sapre, Aged About 25 Years R/o Village Chhaten, Post Chhaten, P/s Fasterpur, Tahsil Mungeli, Block Mungeli District Mungeli, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Educaiton Development, Mantralay, Mahanadi Bhawan, Police Staiton Mandir Hasaud, New Raipur Chhattisgarh

2. Director, Lok Sikshan Sanchanalaya, Indrawati Bhawan New Raipur Distirct Raipur Chhattisgarh

3. Collector, Mungeli, District Mungeli Chhattisgarh

4. District Education Officer, Mungeli, District Mungeli Chhattisgarh ---- Respondents For Petitioners :

Mr. Amit Kumar Sharma, Advocate For Respondent-State :

Mr. Gary Mukhopadhyay, Dy. Govt. Advocate Hon'ble Shri Manindra Mohan Shrivastava, J.

Order on Board 08/09/2016 Heard on admission.

1.

The petitioners, who were appointed as Part Time Sweeper on a fixed salary of Rs.1250/-, the then existing collector rate, have filed this petition for a direction that they are entitled for grant of minimum wages as per minimum wage fixed vide statutory order dated 21-04-2016 (Annexure P-5) issued by the Collector, Mungeli.

2.

Learned counsel for the petitioners submits that a representation has also been moved by the petitioners for grant of minimum wages, however, the same are not being extended to the petitioners.

3.

The order of appointment of the petitioner shows that they were appointed as Part Time Sweeper in the year 2011 on wages applicable in case of Part Time Sweeper, on collectorate rates. Therefore, if the collectorate wages have been revised, the case of the petitioners is also required to be considered for grant of appropriate and existing minimum wages prescribed by the Collector. Accordingly, the petitioners case should also be considered and appropriate orders in their case should be passed by the respondent No.4 in accordance with law and notification issued under the provisions of Minimum Wages Act for grant of appropriate wages, according to current rate of wages applicable to the category of employment, in which the petitioners are employed. The decision should be taken within a period of 60 days by the respondent No.4. 4.

With the aforesaid observations, the petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Tiwari